Jhakas Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27077 of 2018 Arising Out of PS.Case No. -204 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================

1. Jhakas Mahto, S/o Late Jatan Mahto,

2. Ravinder Mahto S/o Jhkas Matho,

3. Laxman Mahto S/o Jhakas Mahto,

4. Kewal Mahto @ Kebal Mahto S/o Jhakas Mahto, All are R/v Sahuriya, P.S.- Salkhua (Chirainya O.P.), Distt.- Saharsa. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Salkhua (Chiraiya O.P.) P.S.Case No. 204 of 2017 registered for the offences punishable under Sections 364, 302, 201 and 34 of the Indian Penal Code.

Allegation as per FIR is that some altercation took place between the informant and accused persons and there is allegation of threatening against petitioner No.2 of dire consequence. Submission of learned counsel for the petitioners is that there is no specific allegation against the petitioners and dead body was found after 10 days of occurrence and there is delay of 11 days in lodging FIR.

Heard learned APP also.

Patna High Court Cr.Misc. No.27077 of 2018 (4) dt.16-08-2018 2/2 Having heard both sides and in the facts and circumstances, let the petitioners, named above, surrender within a period of six weeks from the receipt of this order and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Saharsa, in connection with Salkhua (Chiraiya O.P.) P.S.Case No. 204 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that petitioners have to appear before the police as and when required and during investigation if any incriminating material has come against the petitioners and charge sheet has been submitted against them, the prosecution will be at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) spal/- U